Case law

State v. Kepiro

61 Wash. App. 116 · Court of Appeals of Washington · May 6, 1991

Communications which qualify as threats are outside the realm of protected speech, State v. Brown, 50 Wn. App. 405, 411 , 748 P.2d 276 (1988), and one cannot innocently threaten to harm another person. … All that is required is that the defendant intentionally communicate the words which a *126 reasonable person would construe as a threat, and this requirement was clearly met here.

Andrew Leitner v. City Of Tacoma

Court of Appeals of Washington · Nov 24, 2020

This is clearly a scrivener’s error and should have been RCW 51.32.185. 4 No. 52908-4-II Leitner prior to December 31, 2014 and saw no signs of cardiovascular distress … The party challenging the decision in an appeal must establish a prima facie case for the relief sought on appeal, and they must do so by a preponderance of the evidence.

DAVIDSON SERLES v. City of Kirkland

246 P.3d 822 · Court of Appeals of Washington · Jan 24, 2011

The Growth Management Act (GMA), chapter 36.70A RCW, "clearly contemplates that challenges to comprehensive plan amendments [and development regulations] must be brought before the [Board]." Coffey v. … Torrance, 136 Wash.2d at 793-794 , 966 P.2d 891 . ¶ 18 The GMA establishes the exclusive means to review the City's amendments to its comprehensive plan and zoning code.

Escalante v. Sentry Insurance

49 Wash. App. 375 · Court of Appeals of Washington · Sep 28, 1987

This distinction clearly has nothing to do with whether a direct consumer relationship is a prerequisite to a suit under the CPA. … As one authority correctly points out, [t]he various state insurance laws that establish the requirements for uninsured motorist insurance are clearly intended to benefit all insureds, and the attainment of this goal certainly

Whatcom County v. Western Washington Growth Management Hearings Board

186 Wash. App. 32 · Court of Appeals of Washington · Feb 23, 2015

WATER AVAILABILITY ¶19 The County argues that the Board erred when it concluded that the County’s measures to protect water availability were clearly erroneous. … Hirst argues that even if there were “an ‘Ecology interpretation’ expressing a ‘legal conclusion’ that the [Nook-sack Rule] ‘was not intended to apply to permit exempt with *62 drawals,’ as the County claims, it would not immunize

Department of Social & Health Services v. L.H.

195 Wash. App. 673 · Court of Appeals of Washington · Aug 30, 2016

Following extensive testimony and numerous witnesses from both parties, the juvenile court found that termination was appropriate because DSHS had established by clear, cogent, and convincing evidence that each of the six … its discretion by denying a timely continuance motion that was brought specifically to allow time for a home study—which began four months before trial and was well under way—to determine whether a willing family member qualified

In Re Custody of CCM

202 P.3d 971 · Court of Appeals of Washington · Mar 9, 2009

Generally, ICWA applies to custody proceedings involving Indian children, but it explicitly does not employ a "best interests" standard in this type of proceeding, which qualifies as an action for foster care placement under … Accordingly, we conclude that the Mecums' petition qualifies as an action for foster care placement under ICWA. III ¶ 18 We now turn to the issue of notice to the Tribe.

Mecum v. Department of Social & Health Services

149 Wash. App. 184 · Court of Appeals of Washington · Mar 9, 2009

Accordingly, we conclude that the Mecums’ petition qualifies as an action for foster care placement under ICWA. Ill ¶18 We now turn to the issue of notice to the Tribe. … App. at 306 . ¶43 Nor does the judgment clearly account for DCS’s interest in unpaid support installments under the April 16, 2001, California court order, which set Pomiak’s monthly support obligation at $212.

Senn v. Northwest Underwriters, Inc.

74 Wash. App. 408 · Court of Appeals of Washington · May 31, 1994

Cimoch clearly owed a fiduciary duty to Consumers in her capacity as one of its officers and directors 7 under RCW 48.05.370. … In this case the Commissioner established that Cimoch would have discovered the defalcation had she exercised due diligence.

Robinson v. Avis Rent a Car System, Inc.

22 P.3d 818 · Court of Appeals of Washington · May 7, 2001

To establish a violation of the CPA, a private plaintiff must establish five elements: (1) an unfair or deceptive act or practice; (2) occurring within trade or business; (3) affecting the public interest; (4) injuring the … In Resort Car Rental System, the court upheld the FTC's determination that it was deceptive for a car rental company to use the slogan "Dollar-A-Day" because the slogan "has a decisive connotation for which any qualifying

State v. Sanchez

171 Wash. App. 518 · Court of Appeals of Washington · Oct 30, 2012

Daniel Fessler learned of Mendez’s California arrest on October 25, he began to look for qualified counsel outside his office to represent Mendez. … According to her, she started thinking clearly about what had happened only after she was discharged.

Yes for Early Success v. City of Seattle

183 Wash. App. 379 · Court of Appeals of Washington · Sep 2, 2014

Among other things, the initiative would establish a $15 minimum wage for child care teachers and staff, establish a city policy limiting child care costs to no more than 10 percent of income, prohibit violent felons from … The allegation of an OPMA violation clearly rests on Yes for Early Success’s assumption that the city charter provisions govern the ballot format.

In Re Detention of Halgren

124 Wash. App. 206 · Court of Appeals of Washington · Sep 23, 2004

Indeed, for due process purposes, our supreme court has already established that "the civil commitment of an SVP satisfies due process if the SVP statute couples proof of dangerousness with proof of an additional element, … Significantly, Halgren fails to cite to any evidence in the record either that he qualified for an LRA, or that the language in the instruction unduly influenced the jury.

Weaver v. Spokane County

168 Wash. App. 127 · Court of Appeals of Washington · May 8, 2012

Young, 112 Wn.2d at 225 (quoting Celotex, 477 U.S. at 322). ¶16 “As a result of the enactment in 1967 of RCW 4.96.010, which did away with Washington’s shield of absolute sovereign immunity, local governments such as a county … The legislature clearly intended to protect and provide services for the citizens of Washington as a general class of persons. The legislative intent exception does not apply to Mr. Weaver. ¶38 3.

State v. Woolfolk

95 Wash. App. 541 · Court of Appeals of Washington · Apr 12, 1999

The eventual meeting place, a fast-food restaurant, was established during a second telephone conversation between Braley and Woolfolk. … The court found this evidence insufficient to qualify the defendant as “armed” and struck the sentence enhancement. See id. See also State v. Call, 75 Wn.

In Re The Estate Of Richard D. Kolesar

532 P.3d 170 · Court of Appeals of Washington · Jul 3, 2023

The July 9 order unambiguously states: “The established Will of Richard D. Kolesar is hereby admitted to probate.” … The plain language of this order clearly indicates that the will was probated on the date of the order.

American Civil Liberties Union v. City of Seattle

121 Wash. App. 544 · Court of Appeals of Washington · May 3, 2004

data on which a decision is based.[6] An appellate court reviews de novo a trial court’s decision about whether documents or records fall under an exemption to the Act. 7 We must determine in this case whether the lists qualify … The court noted that once the proposal became funded, the policy is clearly implemented, so the “pink sheets” would become disclosable.

Port of Seattle v. Department of Revenue

101 Wash. App. 106 · Court of Appeals of Washington · Jun 9, 2000

The Department concluded that the Sea-Tac airport did not qualify for the tax treatment provided in RCW 82.04.050(7). … Further, while tax statutes generally are interpreted in favor of the taxpayer, exemption statutes are construed strictly against the taxpayer, and the taxpayer has the burden of establishing any exemption.

Peoples National Bank v. Livingston

8 Wash. App. 519 · Court of Appeals of Washington · Mar 12, 1973

The will was admitted to probate shortly after her death, and the respondents qualified as co-executors. … A mere statement that the testator desires his taxes to be paid does not clearly express an intention to charge his estate with taxes imposed by law upon a beneficiary.

State v. Wilson

181 P.3d 887 · Court of Appeals of Washington · Apr 24, 2008

Richards was qualified to proceed. RP (Mar. 22, 2005) at 5. The court suggested that Ms. Richards should brainstorm with someone who had more trial experience. … Crice would be called as a witness and that she had been granted immunity.